FEDERAL PROCUREMENT INSTITUTE - 27th Annual MARCH 10-12, 2021 - American ...
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27th Annual FEDERAL PROCUREMENT INSTITUTE MARCH 10 –12, 2021
WELCOME
From March 10-12, 2021, distinguished panelists from government, industry,
private law practice, and academia will convene to participate in the Virtual
Federal Procurement Institute (FPI), the flagship program of the ABA Section of
Public Contract Law. This year marks the 27th year of the FPI, where we focus our
discussions on federal government procurement developments.
The FPI traditionally explores those issues most relevant to federal government
contracting. Today we face new issues and continuing challenges across the public
contracting landscape—new legislative and regulatory requirements; protests, claims,
audits, investigations and enforcement matters in the time of COVID-19, as well as
continuing and emerging supply chain risk and management issues. We are excited
to share the information contained in this brochure with you so you can learn more about our program
offerings and invite you to register to join us online for the FPI.
The FPI provides registrants with access to CLE programs presented in an on-line format. You may
participate in all of the sessions that interest you, either live or at a later time more convenient for you.
Circumstances may prevent us from meeting in Annapolis for the FPI, but a virtual format enables us to share
the knowledge of our expert panelists and exchange views across a much wider audience.
This year we plan to host two keynote sessions. Our first will be on Thursday with the Honorable Brian D.
Miller, Special Inspector General for Pandemic Recovery. Our second will be on Friday with Benjamin D.
McMartin, Managing Partner of the Public Spend Forum.
We also are planning on opportunities for attendees to network on-line! We are hoping to make this fun and
are thinking of innovative ways to make it so.
The FPI offers attendees a unique opportunity to hear from key stakeholders in our public contracting
community and to engage with them and other attendees in a spirited exchange of ideas throughout
the FPI and the networking events scheduled throughout the program.
The opportunity to engage and learn from fellow public contract professionals will continue with our Section
Council meeting, which meets in open session on Thursday, April 1, 2021 from 12:00 noon–3:00 pm ET
to not only learn more about the Section's business, but also to engage in thoughtful discussion of current
issues important to government contract practitioners.
I encourage you to take this opportunity to register for the Federal Procurement Institute. I look forward to
connecting with you virtually and, hopefully, in-person sometime soon!
SECTION CHAIR
Susan Warshaw Ebner, Partner, Stinson LLP, Washington, DC
CONFERENCE DIRECTOR
Scott N. Flesch, Chief Trial Attorney, U.S. Army Legal Services Agency, Contract & Fiscal Law Division,
Fort Belvoir, VA
PROGRAM CO-CHAIRS
Kelli A. Hooke, Senior Corporate Counsel, Contract Compliance, Supply Chain, T-Mobile, Bellevue, WA
Hon. Marian Blank Horn, U.S. Court of Federal Claims, Washington, DC
Nooree Lee, Special Counsel, Covington & Burling LLP, Washington, DC
Harry Monroe Parent, III, Trial Attorney, U.S. Army, Fort Belvoir, VA
2 ABA SECTION OF PUBLIC CONTRACT LAW n 2021 FEDERAL PROCUREMENT INSTITUTETHANK YOU TO OUR PROGRAM SPONSORS
GOLD SPONSORS
SILVER SPONSORS
3 ABA SECTION OF PUBLIC CONTRACT LAW n 2021 FEDERAL PROCUREMENT INSTITUTEPROGRAM AT-A-GLANCE
All CLE webinars will be available on-demand 1–2 weeks after the live program.
DATE & TIME PROGRAM INFO
Wednesday, March 10, 2021
11:00 am – 12:30 pm ET Statutory and Regulatory Changes Impacting the 1.5 hours of
Government Contract Community General CLE
& CPE
1:00 pm – 2:30 pm ET Government Contracts Claims in the Age of COVID-19 1.5 hours of
General CLE
& CPE
Thursday, March 11, 2021
11:00 am – 12:30 pm ET How COVID-19 Relief Funding Impacted Government 1.5 hours of
Contracting Compliance and Enforcement General CLE
& CPE
1:00 pm – 2:30 pm ET Supply Chain, Security, Domestic Preference 1.5 hours of
Regulations and Requirements General CLE
& CPE
3:00 pm – 4:00 pm ET Keynote Address: Fireside Chat on Audits and Non-CLE
Investigations with Brian Miller, Special Inspector
General for Pandemic Recovery
6:00 pm – 7:30 pm ET PCL Procurement Trivia & Networking Event Non-CLE
Friday, March 12, 2021
11:00 am – 12:30 pm ET Bid Protests at the U.S. Court of Federal Claims and the 1.5 hours of
U.S. GAO General CLE
& CPE
1:00 pm – 2:30 pm ET Ethics from the Judicial Perspective 1.5 hours of
General CLE
& CPE
3:00 pm – 4:00 pm ET Keynote Address: Acquisition Strategy, Policy, and Non-CLE
Practice in a Shifting Political Environment with
Benjamin D. McMartin, Managing Partner of the
Public Spend Forum
4 ABA SECTION OF PUBLIC CONTRACT LAW n 2021 FEDERAL PROCUREMENT INSTITUTEMEETING HIGHLIGHTS & SOCIAL EVENTS Thursday, March 11, 2021 3:00 pm – 4:00 pm KEYNOTE ADDRESS: Fireside Chat on Audits and Investigations Brian Miller, Special Inspector General for Pandemic Recovery, Washington, DC Join us for a fireside chat with the Honorable Brian D. Miller, Special Inspector General for Pandemic Recovery. Under the CARES Act, SIGPR coordinates, conducts and supervises audits and investigations of the various loan, loan guarantee, and investment programs, ensuring their integrity and ferreting out waste, fraud and abuse. In this discussion, we will learn more about the Office of the SIGPR, how it operates, and how it differs from other Offices of Inspectors General, what it has done to date and where it is going over the next three years. 6:00 pm – 7:30 pm PCL Procurement Trivia & Networking Event Since we can't yet be together in person, in lieu of our popular No Host Dinners in Annapolis, please join fellow FPI attendees from all levels of experience for a virtual get-together. Additional details will be forwarded closer to the meeting dates. Friday, March 12, 2021 3:00 pm – 4:00 pm KEYNOTE ADDRESS: Acquisition Strategy, Policy, and Practice in a Shifting Political Environment Benjamin D. McMartin, Managing Partner of the Public Spend Forum In 2020 a number of new national strategies, policies, and executive orders were issued which will directly impact agency procurement functions, along with the industry and academic partners that support them. In addition to these new initiatives, the past four years saw agencies roll out a number of new policies implementing prior enacted law and strategy which is already shifting how agencies procure goods, services, and development of new technologies. Starting in January 2021, a new Administration and Congress are coming on board. They will issue their own National strategies in coming months. How does agency implementation of already issued goals align with these and new National strategies and policies? How does practice align with agency implementation? Further, will these strategies, policies, and practices survive the change in administration? 5 ABA SECTION OF PUBLIC CONTRACT LAW n 2021 FEDERAL PROCUREMENT INSTITUTE
SCHEDULE
WEDNESDAY, MARCH 10, 2021
11:00 am – 12:30 pm
SESSION 1 > Statutory and Regulatory Changes Impacting the Government
Contract Community
Government contracting is always evolving and the past year has been no different, although there
clearly have been changes that went above and beyond the norm. This panel will look at the
developments, process and motivations behind those changes, including:
• ew Executive Orders (such as the Executive Order on “Combating Race and Sex
N
Stereotyping” and others that shaped the Government’s response to COVID-19);
• hanges to the Federal Acquisition Regulation and Agency FAR Supplements that, among
C
other things, would help streamline the contracting process.
The panel will discuss rules and requirements, including the following areas that are central to public
contracting:
• labor and employment (such as changes to Nondisplacement of Qualified Workers),
• cost and pricing,
• cybersecurity (including CMMC), and
• s upply chain risk management (including the ban on certain Chinese technology and the
creation of the Federal Acquisition Security Council).
With a new administration in place, federal government contracting will continue to evolve at a rapid
pace. This panel will tackle any significant changes that marked the opening months of the new
administration.
MODERATOR
Eric Crusius, Partner, Holland & Knight, LLP, Tysons, VA
PANELISTS
Dean Danielle M. Conway, Dean and Donald J. Farage Professor of Law, Dickinson Law,
The Pennsylvania State University, Carlisle, PA
Hon. Richard A. Hertling, U.S. Court of Federal Claims, Washington, DC
Joseph G. Martinez, Managing Partner, Dentons, Denver, CO
John M. Tenaglia, Principal Director, Defense Pricing and Contracting, Under Secretary of Defense for
Acquisition and Sustainment (USD(A&S)), Washington, DC
6 ABA SECTION OF PUBLIC CONTRACT LAW n 2021 FEDERAL PROCUREMENT INSTITUTESCHEDULE 1:00 pm – 2:30 pm SESSION 2 > Government Contracts Claims in the Age of Covid-19 It has been a year since the beginning of the nationwide lockdown due to COVID-19. While the world shut down, government contracts continued with business almost as usual. Many contractors experienced supply chain issues, workforce issues, delays, frustrated performance, and changes due to the pandemic. This panel will discuss potential contractor claims, such as government delay of work, suspension of work, acceleration, and changes and potential government defenses, such as excusable delay, sovereign immunity, liquidated damages, and terminations. Additionally, this panel will discuss views from the bench and the impact of the Government’s focus on aiding contractors during COVID-19, including which party should shoulder the risk of performing during the pandemic. MODERATOR Michelle Coleman, Associate, Crowell & Moring, Washington, DC PANELISTS Jonathan A. DeMella, Partner, Davis Wright Tremaine LLP, Seattle, WA Michael P. Goodman, Chief Trial Attorney, U.S. Army Corps of Engineers, Washington, DC Hon. Ryan T. Holte, U.S. Court of Federal Claims, Washington, DC Lori R. Shapiro, Senior Trial & Construction Attorney at the Air Force Commercial Litigation Field Support Center (HQ USAF/JACQ), Washington, DC THURSDAY, MARCH 11, 2021 11:00 am – 12:30 pm SESSION 3 > The CARES Act Retrospective: How COVID-19 Relief Funding Impacted Government Contracting Compliance and Enforcement The Coronavirus Aid, Relief, and Economic Security Act placed government contracts in the frontlines of the COVID-19 response of the U.S. government. This panel will analyze how the CARES Act was implemented by the U.S. Small Business Administration and other federal agencies, including rollout of the Paycheck Protection Program and Section 3610 reimbursements for contractors, and the ongoing compliance and enforcement issues under these programs. The panel will also discuss lessons learned from the CARES Act implementation, how it compared to the American Recovery and Reinvestment Act, and how it may shape emergency response funding in the future. MODERATOR Christina Wood, Clerk, U.S. Court of Federal Claims, Washington, DC PANELISTS Allison Cendali, Assistant Director, Civil Fraud Section, U.S. Department of Justice, Civil Division Commercial Litigation Branch, Washington, DC Tyler Evans, Partner, Covington & Burling, LLP, Washington, DC Avery Joshua, Senior Manager, PWC, Washington, DC 7 ABA SECTION OF PUBLIC CONTRACT LAW n 2021 FEDERAL PROCUREMENT INSTITUTE
SCHEDULE
1:00 pm – 2:30 pm
SESSION 4 > Supply Chain, Security, Domestic Preference Regulations and
Requirements
In recent years, Federal contractors have weathered an increasing regulatory focus on supply chain
risk, challenging legal and compliance professionals to keep pace with significant new supplier
governance requirements. These rules are wide ranging—from domestic preference regimes, to
foreign investment oversight, to technology bans and restrictions—directly impacting how contractors
manage their subcontractors and suppliers. Compliance with this ever-evolving landscape has been
difficult to navigate for many organizations and has been further complicated by the coronavirus
pandemic and disruptions in global trade. This panel will present government, industry, and outside
counsel perspectives on recent updates on the following:
• Recent updates on pertinent domestic preference regulations
• Section 889 implementation and the potential for expansion to parents, subsidiaries and affiliates;
• stablishment of the Federal Acquisition Security Council (FASC) and procedures for exclusion
E
and removal determinations;
• Inclusion of supply chain risk management (SCRM) requirements in major federal acquisitions; and
• Updates from standard setting bodies on supply chain risk assessment and mitigation.
CO-MODERATORS
Jeff Clayton, Principal, Baker Tilly US, LLP, Tysons, VA
Leo Alvarez, Senior Manager, Baker Tilly US, LLP, Tysons, VA
PANELISTS
Jennifer Bisceglie, CEO, Interos Inc., Arlington, VA
Jon M. Boyens, Deputy Chief, Computer Security Division, National Institute of Standards and
Technology (NIST), Gaithersburg, MD
Megan L. Brown, Partner, Wiley LLP, Washington, DC
Michael Thompson, Senior Advisor, General Services Administration, Washington, DC (tentative)
3:00 pm – 4:00 pm
KEYNOTE ADDRESS: Fireside Chat on Audits and Investigations
Brian Miller, Special Inspector General for Pandemic Recovery, Washington, DC
Join us for a fireside chat with the Honorable Brian D. Miller, Special Inspector General for Pandemic
Recovery. Under the CARES Act, SIGPR coordinates, conducts and supervises audits and investigations
of the various loan, loan guarantee, and investment programs, ensuring their integrity and ferreting
out waste, fraud and abuse. In this discussion, we will learn more about the Office of the SIGPR, how it
operates, and how it differs from other Offices of Inspectors General, what it has done to date and where
it is going over the next three years.
8 ABA SECTION OF PUBLIC CONTRACT LAW n 2021 FEDERAL PROCUREMENT INSTITUTESCHEDULE 6:00 pm – 7:30 pm PCL Procurement Trivia & Networking Event In lieu of our popular in-person No Host Dinners in Annapolis, please join your fellow FPI attendees from all levels of experience for a virtual get-together. Additional details will be forwarded closer to the meeting dates. FRIDAY, MARCH 12, 2021 11:00 am – 12:30 pm SESSION 5 > Bid Protests at the U.S. Court of Federal Claims and the U.S. Government Accountability Office The experienced panel of decision makers and attorneys will discuss the best and sometimes less successful ways of resolving bid protests. COVID-19 has impacted how the Court and the GAO conduct proceedings during the current pandemic in ways that also may suggest how to improve the accessibility and case management efficiency in the future by these national, bid protest jurisdictions. The panel also will discuss emerging issues in the world of bid protest litigation, as well as relevant cases and the differences between the Court and GAO, such as the impact of the differences in record requirements on the outcome of cases, case filing, timeliness and waiver, and the future of the Blue and Gold decision. Among the other possible discussion topics are how to develop complete records for decision and appeal, including the issues caused by sequentially corrected administrative records and briefs, how to handle protected and classified information during remote proceedings, incomplete or improper evaluations, including when should the decision maker endorse corrective action, repetitive corrective actions by agencies and what it means to have a stay at the Court as opposed to a TRO or preliminary injunction. MODERATOR Kara Sacilotto, Partner, Wiley LLP, Washington, DC PANELISTS Craig A. Holman, Partner, Arnold & Porter, Washington, DC Doug Mickle, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC Hon. Matthew H. Solomson, U.S. Court of Federal Claims, Washington, DC Ralph O. White, Managing Associate General Counsel for Procurement Law, GAO, Washington, DC 9 ABA SECTION OF PUBLIC CONTRACT LAW n 2021 FEDERAL PROCUREMENT INSTITUTE
SCHEDULE
1:00 pm – 2:30 pm
SESSION 6 > Ethics from the Judicial Perspective
Due to the COVID-19 pandemic, courts and boards have made dramatic changes to move litigation
on-line and through remote channels. These changes raise issues that prompt us to review existing
and emerging ethical considerations. The rules of how to conduct ethical, fair and reliable judicial
proceedings are more important than ever. The judges panel will include ethical guidance from the
judges’ perspectives on topics such as those included in The ABA Model Rules of Professional Conduct
1.1 Competence; 1.3 Diligence; 1.6 Confidentiality of Information; 3.1 Meritorious Claims & Contentions;
3.3 Candor toward the Tribunal; 3.5 Impartiality & Decorum; 4.1 Truthfulness in Statements; and others.
This panel of new and experienced COFC, ASBCA and CBCA judges will discuss their expectations and
concerns about ensuring the integrity of their proceedings and ethical practices in their courtrooms:
• hat are the responsibilities of attorneys and their clients, including government agency
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attorneys and procurement officials, in avoiding untimely or frivolous filings?
• hat are the judicial, practitioner and witness duties to ensure ethical personal and
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professional responsibility and demeanor, competent testimony, and efficient, fair and open
proceedings?
• How do you handle pro se litigants in the current environment?
MODERATOR
Hon. David A. Tapp, U.S. Court of Federal Claims, Washington, DC
PANELISTS
Hon. Heidi L. Osterhout, Armed Services Board of Contract Appeals, Falls Church, VA
Hon. Eleni M. Roumel, U.S. Court of Federal Claims, Washington, DC
Hon. Jeri K. Somers, Chair, Civilian Board of Contract Appeals, Washington, DC
3:00 pm – 4:00 pm
KEYNOTE ADDRESS: Acquisition Strategy, Policy, and Practice in a Shifting Political Environment
Benjamin D. McMartin, Managing Partner of the Public Spend Forum
In 2020 a number of new national strategies, policies, and executive orders were issued which will
directly impact agency procurement functions, along with the industry and academic partners that
support them. In addition to these new initiatives, the past four years saw agencies roll out a number
of new policies implementing prior enacted law and strategy which is already shifting how agencies
procure goods, services, and development of new technologies. Starting in January 2021, a new
Administration and Congress are coming on board. They will issue their own National strategies in
coming months. How does agency implementation of already issued goals align with these and new
National strategies and policies? How does practice align with agency implementation? Further, will
these strategies, policies, and practices survive the change in administration?
10 ABA SECTION OF PUBLIC CONTRACT LAW n 2021 FEDERAL PROCUREMENT INSTITUTEREGISTRATION AND INFORMATION
Register here for the Full FPI Series—six webinars, two keynote addresses,
social events.
FULL WEBINAR SERIES
$225 ABA Public Contract Law Section Member and Government Employees
$300 ABA Members
$500 Non-Members
REGISTRATION
Registration is required for all CLE webinars. Registration includes access to all 6 CLE programs,
2 Keynote addresses, and the PCL Trivia & Networking Event.
HOW TO REGISTER
https://cvent.me/7krxnL
PROGRAM MATERIALS
Program materials and related background information will be provided to attendees online prior to the
conference.
TECHNICAL REQUIREMENTS
These courses are compatible with any HTML5 and JavaScript enabled web browser including Chrome,
Firefox, Safari, Edge and mobile devices using current software. Internet Explorer is not recommended.
Some browser settings may interfere with the live stream—if you have trouble consider refreshing the
page, trying a different browser, or disconnecting your VPN.
AMERICANS WITH DISABILITIES ACT
If any special arrangements are required for a person with a disability, please contact Sean Dickerson at
sean.dickerson@americanbar.org.
TUITION ASSISTANCE
A limited number of registration fee reductions may be available for this program upon application. The
fee-reductions will be determined on a one-time only, case-by-case, basis. Requests must be received by
February 22, 2021. You will be notified prior to the program if your application is approved. For programs
with tuition costs over $500, qualifying attorneys will receive at least a 50% reduction in the course fee(s)
only. To apply, send a letter outlining the basis for your request of a fee reduction by February 22, 2021 to
patty.brennan@americanbar.org.
REGISTER AT
https://cvent.me/7krxnL
11 ABA SECTION OF PUBLIC CONTRACT LAW n 2021 FEDERAL PROCUREMENT INSTITUTECLE AND ADDITIONAL INFORMATION
CLE CREDIT
The ABA will seek 9.0 hours of CLE credit in 60-minute states (including 1.5 hours of Ethics CLE credit),
and 10.8 hours of CLE in 50-minute states (including 1.8 hours of Ethics CLE credit). Each individual
session will qualify for 1.5 hours of CLE credit in 60 minutes states, and 1.8 hours in 50-minute states.
Credit hours are estimated and are subject to each state’s approval and credit rounding rules. Please visit
the conference webpage at https://cvent.me/7krxnL for program CLE details or visit www.americanbar.
org/mcle for general information on CLE at the ABA.
The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ,
CA, CO, CT, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, ME, MN, MS, MO, MP, MT, NH, NJ, NM, NV, NY, NC, ND,
OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a
program for credit before the program occurs. This program is approved for both newly admitted and
experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or
attorney self-submission in other states.
The ABA does not generally seek direct accreditation of live webinars and teleconferences in FL,
ID, NE, RI, and WY. However, some programs are available in these states. Additionally, some states
allow attorneys to earn credit through reciprocity or self-submission. Please see the webinar or
teleconference’s program description page for details on the amount of credit requested and known
accreditation exceptions, such as states where we are not seeking credit or denials by specific states.
For more information about CLE accreditation in your state, contact please contact Sean Dickerson at
sean.dickerson@americanbar.org.
CPE CREDIT
Update for Participants Seeking CPE Credit (4-March-2021)
Participants seeking CPE credit: The American Bar Association is a NASBA approved provider
for live in-person programming. Due to the restrictions on live events during COVID-19, NASBA
allowed live in-person approved providers to offer credit for live webinar or live virtual
meetings in 2020.
Unfortunately, this rule waiver expired on December 31, 2020, notice of which was just
received by the ABA. As such, the ABA is no longer able to offer CPE credit for live webinar
or live virtual meetings. We have applied to become a CPE provider for live webinars and
live virtual conferences, but as the application is still pending we are not able to offer CPE
credit for this event. We apologize for any issue this may cause.
Please note that this does not affect the ABA’s ability to provide CLE credit for this program.
REGISTER AT
https://cvent.me/7krxnL
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